Automated Summary
Deceased Name
DAVID MBIIJIWE M'IKIARA
Key Facts
David Mbijiwe M'Ikiara died intestate on 2016-04-18, survived by two widows (Elizabeth Karoki Mbijiwe and Charity Ntimi Mbijiwe) and nine children. The applicant, Fridah Nkatha Mbijiwe, filed a petition for letters of administration on 2016-09-21. Respondents, including Martin Kinyua Mbijiwe and Kenneth Koome Mbijiwe, objected via an affidavit of protest on 2020-01-27, claiming a prior family agreement to represent the estate and manage its distribution. The estate is partially tied to unresolved legal disputes involving the deceased's late father in Nyeri and Meru High Courts. The court authorized gazettement of the petition under section 47 of the Law of Succession Act and rule 73 of the Probate and Administration Rules to determine the grant recipient and subsequent estate sharing.
Issues
- The court needs to address how the deceased's estate shall be shared among the identified beneficiaries, including the applicant and respondents, after the grant is confirmed.
- The court must determine who shall be granted letters of administration intestate in respect of the estate of the deceased, as the applicant has petitioned for the grant and the respondents may object or cross-apply.
Date of Death
2016 April 18
Holdings
The court authorized the applicant's petition for letters of administration intestate to be gazetted, allowing respondents and other interested parties to file objections, answers, and cross-applications. The court will then determine who should be granted the administration rights. The estate's distribution among beneficiaries will also be addressed, though the exact extent of the estate will be ascertained during the grant confirmation process.
Remedies
- The judge orders that costs be in the cause (determined as part of the proceedings).
- Respondents and others are directed to file objections, answers, and cross-applications to the grant.
- The court authorizes the applicant's petition to be gazetted to allow objections and cross-applications.
Will Type
Intestacy
Probate Status
Contested application for letters of administration intestate with objections filed by respondents.
Legal Principles
The court applied sections 68 and 69 of the Law of Succession Act (Cap 160) and rule 17 of the Probate and Administration Rules. These provisions state that once a petition for letters of administration is gazetted, any party may object within the prescribed time, file an answer, and cross-apply for the grant. The court emphasized that the mere filing of a petition does not guarantee the grant, and objections must be addressed to determine the appropriate administrator.
Succession Regime
Intestate succession under Kenyan common law
Executor Name
Fridah Nkatha Mbijiwe
Cited Statute
- Probate and Administration Rules
- Law of Succession Act (Cap 160)
Executor Appointment
Court Appointed Administrator
Judge Name
A.O. Mucelule
Beneficiary Classes
- Spouse / Civil Partner
- Child / Issue
Passage Text
- The law under section 68 and 69 of the Law of Succession Act (Cap 160) and rule 17 of the Probate and Administration Rules is that once the petition has been gazetted, any party is entitled, within the given time in the publication, or such other time that the court may allow, to object to the applicant being issued with the grant, and to file an answer and cross-application for the grant. The petition and cross-application shall then be heard to determine to whom the grant be issued.
- The deceased David Mbijiwe M'Ikiara died intestate on 18th April 2016. He was survived by two widows: Elizabeth Karoki Mbijiwe (1st respondent) and Charity Ntimi Mbijiwe (2nd respondent). He had 9 children who included the applicant Fridah Nkatha Mbijiwe, Martin Kinyua Mbijiwe (3rd respondent) and Kenneth Koome Mbijiwe (4th respondent).
- I authorize the petition filed by the applicant to be gazetted. After it is gazetted, the respondents and any other person, shall file objection, answer and cross-application to the grant, which the court shall then be called upon to determine the person to whom the grant shall be issued.